Discriminatory Zoning and Planning
in Israel
Following the Nakba in 1948, Israel sought to strengthen and consolidate
Jewish-Israeli presences throughout the territory, by using zoning and
planning for expanding Jewish-Israeli localities. Between 1948 and 1960, Israel
created legal structures to seize, retain, expropriate, reallocate and reclassify
Palestinian lands22 belonging to the approximately 750,000 Palestinian
refugees who were displaced during the Nakba,23 and by confiscating about
50%24 of the lands owned by the 160,000 Palestinians who remained within
the borders of Israel and became its citizens.25 Between 15%26 and 30%27 of
Palestinian citizens of Israel are internally displaced persons, their lands were
confiscated and their villages destroyed.
In later phases, when virtually no land remained in Palestinian hands, the
legal focus shifted from expropriation of ownership and possession to zoning
and planning policies and land-use limitations.28 Israel created a large number
of planning institutions in comparison to Western countries. In addition to
laws that have direct effect on the use of land, the Planning and Building
Law (1965) constitutes the main law that frames the organizational structure
of the planning system, and grants the government extensive powers and
the option to supervise the various planning-related decisions on all levels,
including the power to design a variety of national land-use plans.
Palestinian citizens of Israel reside in three main geographic areas: the Galilee,
the Triangle regions, both in the north of Israel, and the Naqab (Negev) in
the south of the country. 1.6 million Palestinian citizens of Israel constitute
more than 20% of Israel’s population.29 Today, approximately 90% of that
community lives in 139 villages and towns, out of which 112 are bundled in
22
23
24
25
26
27
28
KEDAR, “The Jewish State and the Arab Possessor.”
BADIL Resource Center for Palestinian Residency and Refugee Rights, Survey, 2010-2012, VII:XXIII.
Adalah, Land and Housing Rights - Palestinian Citizens of Israel.
Yiftachel, “Palestinian Arab Citizenship in Israel,” 130.
Cohen, The Present Absentees: The Palestinian Refugees in Israel since 1948.
Sabbagh-Khoury, “Palestinian Arab Citizenship in Israel: The Internally Displaced Palestinians in Israel,” 31.
Kedar, The Third Annual Conference on Land and Housing: The Internally Displaced and the Arab
Houses Under the Threat of Demolition.
29 The State of Israel, “Central Bureau of Statistics 2013.”
15
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